Ontario Small Claims Court is a branch of the Superior Court of Justice is governed by the Rules of the Small Claims Court, O Reg 258/98. A small claims court allows citizens to resolve legal problems that are under the $35,000.00 threshold.
While litigants can choose to represent themselves in court, we urge you to seek advice from a licensed legal professional. You need the services of an experienced lawyer to prepare your suit, gather evidence, and represent you in court.
Michelle Linka Law Professional Corporation provides legal representation for plaintiffs and defendants alike and offers legal services for all forms of legal disputes.
Is It Worth Taking Someone to Small Claims Court?
It is your right to claim what is rightfully yours. Filing a lawsuit against an offender is a worthy cause. If someone owes you money or is making a false claim, the small claims court can settle the matter effectively.
What Qualifies as a Small Claim?
The Small Claims Court provides Ontarians with a platform to file an action for monetary payment that must not exceed $35,000.00, excluding interests and costs. However, if the disputed value exceeds $35,000.00, the plaintiff may choose to reduce the claim to meet the limit so it remains under the jurisdiction of the small claims court.
To sue an individual or business, your claim must fall into one of the two categories:
- Claims for damages
- Property damage
- Injuries resulting from accidents
- Breach of contract
- Claims for money owed under an agreement:
- Unpaid personal loans
- Unpaid rents
- Unpaid wages
- Amounts owing for goods or services purchased
- Non-sufficient funds (bouncing cheques)
Small Claims Court Decision
After both parties have presented their case at trial, the judge makes an oral or written judgment. Occasionally, the judge may require more time to come to a decision and will send the written judgment to the parties involved at a later date.
If the losing party fails to pay, the creditor needs to take steps to obtain the payment by applying to the court to enforce the judgment. The quicker you take action, the quicker you will obtain the payment.
Trust Linka Law With Your Small Claims Case
As your trusted legal partner, Michelle Linka Law is committed to providing exceptional services so you get the representation you deserve.
When you work with us, you can expect:
- Full-Range Service – We will assist you at all stages of small claims court filing, from the preparation of legal forms and documents, to the representation in court and collection of payment. While winning a suit doesn’t guarantee immediate compensation from the losing party, we make sure the court enforces the judgement.
- Hourly Rates – We work by the hour for small claims matters. We don’t take cases on contingency and you don’t pay us a percentage of the final settlement.
- Free Consultation – While our small claims court services are NOT on contingency, you can take advantage of our free consultation
Give our office a call at (905) 448-7810, or fill in our contact form and let us know how we can help you.
